Abstract:
Lately, due to the ineffectiveness of the state courts' method in settling international commercial disputes, the masters of international trade have turned to other methods of dispute settlement, in particular, international commercial arbitrations. The Iranian legislator also realized this necessity and on 6/26/1376 passed the International Commercial Arbitration Law. In this article, an attempt has been made to link this law with Islamic law, the legitimacy of this method of dispute resolution, the limits of disputes that can be referred to arbitration, the validity and enforceability of the contract and arbitration award, and the conditions of the arbitrator (Kazi Tahkeem) in the dispute. The five Islamic laws should be explained and thus the position of international commercial arbitration and, accordingly, the new arbitration law, should be drawn in Islamic law.
Machine summary:
d. The conditions of the judge in Islamic law is believed to be that all the necessary conditions for an appointed judge, including general conditions such as maturity and reason and specific conditions, which are mainly Islam, justice and ijtihad (science), are also necessary for a judge of Tahkeem [Tusi 8:164 ; Shahid Sani Volume 2: 284; Hosseini Aamili Volume 10: 3; Najafi 2018 Vol 40: 28; Hosseini Shirazi Vol. 84: 41; Ibn Qudama, vol. 11: 483; Sivasi Volume 5: 494; Khatib Vol. 4: 378-379; Ibn Abedin Volume 4: 348; Haider 4:640 [The only exception is the need for permission from the imam or jurist who is in the hands of the government. Although this condition is seen as a popular or dominant opinion among the jurists of most Islamic schools, including Shia jurisprudence [Tusi 8:101; Najafi Volume 40: 13; Shahid Sani Volume 2: 283; Hosseini Ameli Volume 10: 9; Ibn Qudama, vol. 11: 381; Khatib: 375 [But it is not a matter of chance and consensus.